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LRBa1379/1
ARG:amn
2019 - 2020 LEGISLATURE
ASSEMBLY AMENDMENT 1,
TO ASSEMBLY BILL 753
February 20, 2020 - Offered by Representative Vorpagel.
AB753-AA1,1,11 At the locations indicated, amend the bill as follows:
AB753-AA1,1,4 21. Page 1, line 4: after “level" insert “, the issuance by the Department of
3Revenue of retail alcohol beverage permits for motor vehicle racetrack grounds, and
4authorizing caterers to make retail sales of alcohol beverages on racetrack grounds".
AB753-AA1,1,5 52. Page 3, line 8: after that line insert:
AB753-AA1,1,6 6 Section 5c. 125.07 (3) (a) 17. of the statutes is created to read:
AB753-AA1,1,87 125.07 (3) (a) 17. Premises for which a Class “B" permit is issued under s.
8125.27 (5) or a “Class B" permit is issued under s. 125.51 (5) (f).
AB753-AA1,5d 9Section 5d. 125.12 (5) of the statutes is renumbered 125.12 (5) (a) and
10amended to read:
AB753-AA1,2,311 125.12 (5) (a) The department may, after notice and an opportunity for hearing,
12revoke, suspend, or refuse to renew any retail permit issued by it for the causes
13provided in sub. (4) and any other permit issued by it under this chapter for any

1violation of this chapter or ch. 139, except that, for a violation of sub. (4) (ag) 6. with
2respect to a license issued under s. 125.51 (4) (v) or
a violation of s. 125.535 or
3139.035, the department shall revoke the license or permit.
AB753-AA1,2,5 4(c) A revocation, suspension, or refusal to renew a permit under par. (a) or (b)
5is a contested case under ch. 227.
AB753-AA1,5e 6Section 5e. 125.12 (5) (b) of the statutes is created to read:
AB753-AA1,2,117 125.12 (5) (b) The department may, after notice and an opportunity for hearing,
8revoke any permit issued under s. 125.27 (5) or 125.51 (5) (f) to a person designated
9by the owner or operator of racetrack grounds as provided in s. 125.27 (5) (b) or 125.51
10(5) (f) 2. if the person's designation has terminated or the owner or operator of the
11racetrack grounds has otherwise rescinded the person's designation.
AB753-AA1,5f 12Section 5f. 125.26 (2v) of the statutes is created to read:
AB753-AA1,2,2513 125.26 (2v) (a) Subject to pars. (b) and (c), and notwithstanding ss. 125.04 (3)
14(a) 3. and (9), 125.09 (1), and 125.32 (6) (a), in addition to the authorization specified
15in sub. (1), a Class “B" license issued under this section to a caterer also authorizes
16the caterer to provide fermented malt beverages, including their retail sale, on
17racetrack grounds, as defined in s. 125.27 (5) (a). Subject to pars. (b) and (c), and
18notwithstanding sub. (1) and s. 125.32 (6) (a), a caterer may provide fermented malt
19beverages under this paragraph at any location on racetrack grounds even though
20the racetrack grounds are not part of the caterer's licensed premises, as described
21under sub. (3) in the caterer's Class “B" license, and even if the racetracks grounds
22are not located within the municipality that issued the caterer's Class “B" license.
23A caterer that provides fermented malt beverages under this paragraph is subject
24to s. 125.32 (2) and (3) as if the fermented malt beverages were provided on the
25caterer's Class “B" licensed premises.
AB753-AA1,3,2
1(b) A caterer may not provide fermented malt beverages under par. (a) at any
2designated camping area on racetrack grounds while the area is in use for camping.
AB753-AA1,3,43 (c) A caterer may not provide fermented malt beverages under par. (a) on any
4premises covered by a permit issued under s. 125.27 (5) or 125.51 (5) (f).
AB753-AA1,5g 5Section 5g. 125.27 (5) of the statutes is created to read:
AB753-AA1,3,116 125.27 (5) Permits for racetrack grounds. (a) In this subsection, “racetrack
7grounds" means real property consisting of at least 300 acres containing a motor
8vehicle racetrack at least 4 miles in length capable of hosting professional racing
9events, and includes any building or other structure on this property associated with
10the racetrack or with services provided in connection with events held at the
11racetrack.
AB753-AA1,3,2112 (b) The department may issue Class “B" permits for locations within racetrack
13grounds to any person that holds a valid certificate issued under s. 73.03 (50), that
14is qualified under s. 125.04 (5) and (6), and that is the owner or operator of the
15racetrack grounds or is designated by the owner or operator of the racetrack grounds
16to operate premises located within the racetrack grounds. Subject to par. (e), the
17permit authorizes the retail sale of fermented malt beverages on the premises
18covered by the permit, for consumption anywhere within the racetrack grounds. If
19the department issues more than one permit under this subsection for the same
20racetrack grounds, no part of the premises covered by a permit under this subsection
21may overlap with premises covered by any other permit issued under this subsection.
AB753-AA1,3,2322 (c) Persons holding a permit under par. (b) may sell beverages containing less
23than 0.5 percent of alcohol by volume without obtaining a license under s. 66.0433.
AB753-AA1,4,3
1(d) Subject to ss. 125.07 (3) (a) 17. and 125.32 (3) (c) and (3m) (k), all provisions
2of this chapter applying to Class “B" licenses apply to Class “B" permits issued under
3this subsection, except as follows:
AB753-AA1,4,54 1. A permit issued under this subsection does not authorize retail sales of
5fermented malt beverages for consumption off the racetrack grounds.
AB753-AA1,4,86 2. A permit issued under this subsection authorizes the retail sale of fermented
7malt beverages for possession and consumption off the premises where sold if the
8possession and consumption occurs within the racetrack grounds.
AB753-AA1,4,119 (e) A permit issued under this subsection does not authorize retail sales of
10fermented malt beverages at any designated camping area on racetrack grounds
11while the area is in use for camping.
AB753-AA1,4,1312 (f) The department shall establish a fee for a permit issued under this
13subsection in the amount of 50 percent of the fee for a permit issued under sub. (1).
AB753-AA1,5h 14Section 5h. 125.32 (3) (c) of the statutes is amended to read:
AB753-AA1,4,2015 125.32 (3) (c) Hotels and restaurants the principal business of which is the
16furnishing of food and lodging to patrons, bowling centers, movie theaters, painting
17studios, indoor golf and baseball facilities, racetrack grounds, as defined in s. 125.27
18(5) (a),
indoor horseshoe-pitching facilities, curling clubs, golf courses and golf
19clubhouses may remain open for the conduct of their regular business but may not
20sell fermented malt beverages during the hours specified in par. (a).
AB753-AA1,5i 21Section 5i. 125.32 (3m) (k) of the statutes is created to read:
AB753-AA1,4,2322 125.32 (3m) (k) Premises for which a Class “B" permit is issued under s. 125.27
23(5).
AB753-AA1,5j 24Section 5j. 125.51 (3) (bv) of the statutes is created to read:
AB753-AA1,5,13
1125.51 (3) (bv) 1. Subject to subds. 2. and 3., and notwithstanding ss. 125.04
2(3) (a) 3. and (9), 125.09 (1), and 125.32 (6) (a), in addition to the authorization
3specified in par. (a) or (b) and in sub. (1) (a), a “Class B" license issued under sub. (1)
4to a caterer also authorizes the caterer to provide intoxicating liquor, including its
5retail sale, on racetrack grounds, as defined in s. 125.27 (5) (a). Subject to subds. 2.
6and 3., and notwithstanding pars. (a) and (b) and sub. (1) (a) and s. 125.32 (6) (a), a
7caterer may provide intoxicating liquor under this subdivision at any location on
8racetrack grounds even though the racetrack grounds are not part of the caterer's
9licensed premises, as described under par. (d) in the caterer's “Class B" license, and
10even if the racetrack grounds are not located within the municipality that issued the
11caterer's “Class B" license. A caterer that provides intoxicating liquor under this
12subdivision is subject to s. 125.68 (2) and (4) as if the intoxicating liquor were
13provided on the caterer's “Class B" licensed premises.
AB753-AA1,5,1514 2. A caterer may not provide intoxicating liquor under subd. 1. at any
15designated camping area on racetrack grounds while the area is in use for camping.
AB753-AA1,5,1716 3. A caterer may not provide intoxicating liquor under subd. 1. on any premises
17covered by a permit issued under s. 125.27 (5) or 125.51 (5) (f).
AB753-AA1,5k 18Section 5k. 125.51 (5) (f) of the statutes is created to read:
AB753-AA1,5,2019 125.51 (5) (f) Permits for racetrack grounds. 1. In this paragraph, “racetrack
20grounds" has the meaning given in s. 125.27 (5) (a).
AB753-AA1,6,621 2. The department may issue “Class B" permits for locations within racetrack
22grounds to any person that holds a valid certificate issued under s. 73.03 (50), that
23is qualified under s. 125.04 (5) and (6), and that is the owner or operator of the
24racetrack grounds or is designated by the owner or operator of the racetrack grounds
25to operate premises located within the racetrack grounds. Subject to subd. 4., the

1permit authorizes the retail sale of intoxicating liquor, by the glass and not in the
2original package or container, on the premises covered by the permit, for
3consumption anywhere within the racetrack grounds. If the department issues more
4than one permit under this paragraph for the same racetrack grounds, no part of the
5premises covered by a permit under this paragraph may overlap with premises
6covered by any other permit issued under this paragraph.
AB753-AA1,6,97 3. Subject to ss. 125.07 (3) (a) 17. and 125.68 (4) (c) 4., all provisions of this
8chapter applying to “Class B" licenses apply to “Class B" permits issued under this
9paragraph, except as follows:
AB753-AA1,6,1110 a. A permit issued under this paragraph does not authorize retail sales of
11intoxicating liquor for consumption off the racetrack grounds.
AB753-AA1,6,1412 b. A permit issued under this paragraph authorizes the retail sale of
13intoxicating liquor for possession and consumption off the premises where sold if the
14possession and consumption occurs within the racetrack grounds.
AB753-AA1,6,1715 4. A permit issued under this paragraph does not authorize retail sales of
16intoxicating liquor at any designated camping area on racetrack grounds while the
17area is in use for camping.
AB753-AA1,6,1918 5. The department shall establish a fee for a permit issued under this
19paragraph in the amount of 50 percent of the fee for a permit issued under par. (a).
AB753-AA1,5L 20Section 5L. 125.68 (4) (c) 4. of the statutes is amended to read:
AB753-AA1,7,221 125.68 (4) (c) 4. Hotels and restaurants the principal business of which is the
22furnishing of food, drinks or lodging to patrons, bowling centers, movie theaters,
23painting studios, racetrack grounds, as defined in s. 125.27 (5) (a), indoor
24horseshoe-pitching facilities, curling clubs, golf courses and golf clubhouses may
25remain open for the conduct of their regular business but may not sell intoxicating

1liquor during the closing hours under subd. 1. or, with respect to the sale of
2intoxicating liquor authorized under s. 125.51 (3r) (a), under subd. 3.”.
AB753-AA1,7,3 33. Page 3, line 13: after that line insert:
AB753-AA1,7,5 4 Section 6m. Effective dates. This act takes effect on the first day of the 3rd
5month beginning after publication, except as follows:
AB753-AA1,7,86 (1) The treatment of s. 71.29 (7) (b) and (10) (a) and (d), the renumbering and
7amendment of s. 71.365 (4m) (d) 1., the creation of s. 71.365 (4m) (d) 1. a. and b., and
8Section 6 (1) of this act take effect on the day after publication.”.
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